COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. MALDEN DISTRICT COURT CIVIL ACTION NO. 9450CV872 __________________________________ ) PHILIP GREENSPUN, ) Plaintiff, ) v. ) PLAINTIFF'S FIRST SET OF ) INTERROGATORIES TO DEFENDANT SMYLY AUTOS, INC. ) Defendant. ) __________________________________) Philip Greenspun ("Greenspun") pursuant to the provisions of Rule 33 of the Massachusetts Rules of Civil Procedure, propounds the following interrogatories to be answered in writing and under oath by a duly authorized office or agent of Smyly Autos, Inc. ("Smyly"). 1. Please state which employees were responsible, in any way, for Greenspun's Dodge Grand Caravan ("the Caravan") between 10 a.m. on April 13, 1994 and noon on April 15, 1994. Identify each person by full name, home address, home telephone number and work telephone number. 2. Please identify all the persons of whom you are aware who were on the premises of Smyly Autos, Inc. between 10 a.m. on April 13, 1994 and noon on April 15, 1994. Identify each person by full name, relationship to Smyly (i.e., employee, customer, vendor, etc.), home address, home telephone number and work telephone number. 3. Please state where the Caravan was located at all times between 10 a.m. on April 13, 1994 and noon on April 15, 1994. 4. Please explain in detail Smyly's security procedures for protecting customer vehicles from theft. Include the names of all individuals responsible for security, including the name, home address, home and work telephone numbers, of the persons who were providing security between 10 a.m. on April 13, 1994 and noon on April 15, 1994. 5. Please describe in detail other incidents, since 1985, where a customer has alleged that property was stolen from his vehicle while it was left at Smyly for service. Include the name, home address, home and work telephone numbers of the customers involved. Describe specifically what was taken and what actions Smyly took. 6. Please state whether any of Smyly's employees has a criminal record and, if so, for what crimes that person has been convicted. 7. Please describe in detail Smyly's procedures for ensuring that individuals with criminal records, especially for theft, are not hired or allowed access to customer vehicles. 8. Please describe in detail what was done with the Caravan between 10 a.m. on April 13, 1994 and noon on April 15, 1994, including descriptions of work done, mechanics employed, handling of keys, and test drives. 9. Please describe in detail what action Smyly took upon being informed by Greenspun that his Alpine radio was missing from the Caravan. Include in this description the names of the Smyly employees involved, the times at which they became aware that the Alpine had been stolen, and what they offered to do for Greenspun. 10. Please describe in detail any settlement offers that were made to Greenspun prior to the filing of this lawsuit. 11. Please describe in detail any times since 1989 that Smyly was contacted by Chrysler regarding problems with its quality of service or integrity. 12. Please state whether Smyly reported the theft of Greenspun's Alpine to any law enforcement agencies or its insurance company. 13. Please state the basis for Alec DeSimone's claim that Smyly "is in court all the time and we always win," including a list of suits between Smyly and its customers since 1989 and the disposition of those cases. 14. With regard to each and every expert you intend to call at the time of trial, please state: a. Name and address; b. Area of expertise; c. The subject matter upon which each is expected to testify; d. The substance of the facts and opinions to which each expert is to testify; and e. A summary of the grounds for each such opinion. 15. Please state what happened to Greenspun's Alpine 7525 after it went into Smyly's possession. If the unit was sold, please state the amount for which it was sold and to whom. 16. Please state each and every fact upon which you base the denials in your Answer, including your denials of allegations 3,4,5,6,8,9, and 10. Philip G. Greenspun 55 Russell Street Melrose, MA 02176 (617) 662-8735 Dated: November 1, 1994 CERTIFICATE OF SERVICE I hereby certify that I have served the above document upon all other counsel of record by facsimile transmission, on November 1, 1994, and that the above document was served within the time limits set forth in Standing Order 1-88. Philip G. Greenspun 55 Russell Street Melrose, MA 02176 (617) 662-8735